PART 2--AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY

\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (CIS, ICE, CBP) - 2003 \ FEDERAL REGISTER FINAL REGULATIONS - 2003 \ Small Business Regulatory Enforcement Fairness Act of 1996 \ PART 2--AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY
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3. The heading for Part 2 is revised to read as set forth above.:

4. The authority citation for Part 2 is revised to read as follows:

Authority: 8 U.S.C. 1103; 5 U.S.C. 301; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq .).

5. Section 2.1 is revised to read as follows:

§ 2.1 Authority of the Secretary of Homeland Security.

All authorities and functions of the Department of Homeland Security to administer and enforce the immigration laws are vested in the Secretary of Homeland Security. The Secretary of Homeland Security may, in the Secretary's discretion, delegate any such authority or function to any official, officer, or employee of the Department of Homeland Security, including delegation through successive redelegation, or to any employee of the United States to the extent authorized by law. Such delegation may be made by regulation, directive, memorandum, or other means as deemed appropriate by the Secretary in the exercise of the Secretary's discretion. A delegation of authority or function may in the Secretary's discretion be published in the Federal Register, but such publication is not required.

PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS

6. The heading for Part 103 is revised to read as set forth above.

7. The authority citation for Part 103 is revised to read as follows:

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

8. Section 103.1 is revised to read as follows:

§ 103.1 Delegations of authority; designation of immigration officers.

(a) Delegations of authority . Delegations of authority to perform functions and exercise authorities under the immigration laws may be made by the Secretary of Homeland Security as provided by § 2.1 of this chapter.

(b) Immigration Officer . Any immigration officer, immigration inspector, immigration examiner, adjudications officer, Border Patrol agent, aircraft pilot, airplane pilot, helicopter pilot, deportation officer, detention enforcement officer, detention officer, investigator, special agent, investigative assistant, intelligence officer, intelligence agent, general attorney, applications adjudicator, contact representative, chief legalization officer, supervisory legalization officer, legalization adjudicator, legalization officer an d legalization assistant, forensic document analyst, fingerprint specialist, immigration information officer, immigration agent (investigations), asylum officer, other officer or employee of the Department of Homeland Security or of the United States as designated by the Secretary of Homeland Security as provided in § 2.1 of this chapter, or senior or supervisory officer of such employee, is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specifie d by the Act and this chapter.

PART 239--INITIATION OF REMOVAL PROCEEDINGS

9. The authority citation for part 239 is revised to read as follows:

Authority: 8 U.S.C. 1103, 1221, 1229; Homeland Security Act of 2002, Public Law 107-296; 8 CFR part 2.

10. Section 239.1 is amended by revising paragraph (a) to read as follows:

§ 239.1 Notice to appear.

(a) Issuance of notice to appear . Any immigration officer performing an inspection of an arriving alien at a port-of-entry may issue a notice to appear to such an alien. In addition, the following officers, or officers acting in such capacity, may issue a notice to appear:

(1) District directors (except foreign);

(2) Deputy district directors (except foreign);

(3) Chief patrol agents;

(4) Deputy chief patrol agents;

(5) Service center directors;

(6) Deputy service center directors;

(7) Assistant service center directors for examinations;

(8) Officers in charge (except foreign);

(9) Assistant officers in charge (except foreign);

(10) Supervisory special agents;

(11) Supervisory deportation officers;

(12) Supervisory detention and deportation officers;

(13) Supervisory district adjudications officers;

(14) Supervisory asylum officers;

(15) Supervisory border patrol agents;

(16) Directors of investigations;

(17) District directors for interior enforcement;

(18) Deputy or assistant district directors for interior enforcement;

(19) Director of detention and removal;

(20) Supervisory asylum officers;

(21) Port directors;

(22) Deputy port directors;

(23) Directors of juvenile affairs;

(24) Directors or officers in charge of detention facilities;

(25) Directors of field operations;

(26) Deputy or assistant directors of field operations; or

(27) Other officers or employees of the Department of Homeland Security or of the United States who are delegated the authority to issue notices to appear as provided by § 2.1 of this chapter.

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February 28, 2003 ____________________ Dated:

Signed ________________________________ Tom Ridge, Secretary of Homeland Security .